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Error in personae v Aberratio Ictus v Praeter Intentionem Error in personae Mistake in the identity of the victim Error in personae Penalty is that of the lesser crime in its maximum period (Article 49, RPC) 1/12 Terms in this set (12) Error in personae
Mistake in the identity of the victim Penalty is that of the lesser crime in its maximum period (Article 49, RPC) At least two subjects Intends to injure one person but actually inflicts it on another due to mistake in identity
Aberratio ictus Mistake in the blow Intends to injure one person but actually inflicts it on another due to mistake in the blow Penalty is that of the graver offense in its maximum period (Art. 48, RPC) The intended subject is a different subject, but the felony is still the same. Praeter intentionem Injurious result is greater than that intended Penalty is that of the actual offense committed, but shall be diminished because of the existence of a mitigating circumstance (Art 13(3), RPC) The supposed victim may or may not be in the scene of the crime Aberratio ictus The victim as well as the actual victim are both in the scene of the crime Malum Prohibitum An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral, i.e. fishing without a license. Malum In Se A crime or an act that is inherently immoral, such as murder, arson, or rape. Actus Rea
The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability. Criminal Law the body of law dealing with crimes and their punishment Civil Law The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. Felony A serious crime usually punishable by imprisonment for more than one year or by death. BURGLARY, ARSON, RAPE, ROBBERY, MAYHEM Misdemeanor A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement usually for a brief term, in a place other than a prison(such as a county jail). Infraction A voilation, usually of a rule or local ordinance and usually not punishable by incarceration. Criminal Conduct Intent to commit an evil act in violation of a statute, also known as criminal intent Criminal Negligence (law) recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences)